Nobody Can Be Forced To Get Vaccinated; Vaccine Mandates Not Proportionate : Supreme Court

The Supreme Court on Monday held that no individual can be forced to get vaccinated and the right to bodily integrity of a person under Article 21 of the Constitution includes the right to refuse vaccination.The Court also held that the vaccine mandates imposed by various state governments and other authorities in the context of COVID-19 pandemic are "not proportionate". The Court held so as no substantial data has been produced on record to show that the risk of transmission of COVID-19 virus from the unvaccinated persons are higher than from vaccinated persons.The Government is entitled to impose restrictions on individual rights in public health interests, but the restrictions should meet the 3-fold requirement legality, legitimate need and proportionality laid down by the Supreme Court in the Puttaswamy judgment."No data has been placed by the Union of India or the States appearing before us, controverting the material placed by the Petitioner in the form of emerging scientific opinion which appears to indicate that the risk of transmission of the virus from unvaccinated individuals is almost on par with that from vaccinated persons. In light of this, restrictions on unvaccinated individuals imposed through various vaccine mandates by State Governments / Union Territories cannot be said to be proportionate", the Court stated.Review vaccine mandatesTherefore, the Court suggested that all authorities, including private institutions and educational institutions, should review the restrictions on the unvaccinated. The Court however clarified that this direction is confined to the present context of the COVID pandemic situation. It further clarified that it does not extend to any other directions on COVID-19 appropriate behaviour issued by the authorities."Till the infection rate remains low and any new development or research finding emerges which provides due justification to impose reasonable and proportionate restrictions on the rights of unvaccinated individuals, we suggest that all authorities in this country, including private organisations and educational institutions, review the relevant orders and instructions imposing restrictions on unvaccinated individuals in terms of access to public places, services and resources, if not already recalled. It is clarified that in the context of the rapidly-evolving situation presented by the COVID-19 pandemic, our suggestion to review the vaccine mandates imposed by States / Union Territories, is limited to the present situation alone and is not to be construed as interfering with the lawful exercise of power by the executive to take suitable measures for prevention of infection and transmission of the virus".Union's vaccine policy not unreasonable or arbitrary.The Court also held that the policy of the Union Government on COVID-19 vaccination policy is reasonable. It also held that the clinical trial data of the vaccines have been published in accordance with the relevant norms. The material provided by the Union of India does not support the conclusion that emergency use approval has been granted in haste.Publish reports on Adverse EventsThe Court also directed the Union of India to publish reports on Adverse Events Following Immunisation(AEFI) from public and doctors on a publicly accessible system without compromising data of the individuals who are reporting the same.Vaccination for children approvedRegarding vaccine for children, the Court said that it is not possible for us to second guess the opinion of experts and the vaccination indeed follows the global standards and practices."On paediatric vaccine, it is in tune with international standards. We direct the Union of India to make sure the key findings of the stages of trial already approved for children be made public at the earliest", the Court said.A bench comprising Justices L Nageswara Rao and BR Gavai was pronouncing the judgment on a PIL filed by Dr.Jacob Puliyel, challenging the vaccine mandates and seeking publication of the clinical trial and adverse events of vaccination. The Court rejected the arguments against the maintainability of the writ petition. Though executive has wide latitude in policy matters, it does not bar the Courts from scrutinising if the policy is beyond the pale of arbitrariness.Relevant Quotes from the judgmentOn bodily integrity - no individual can be forced to get vaccinated"The upshot of the above discussion leads to the following conclusions:a) Bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be vaccinated.b) Personal autonomy of an individual involves the right of an individual to determine how they should live their own life, which consequently encompasses the right to refuse to undergo any medical treatment in the sphere of individual health.c) Persons who are keen to not be vaccinated on account of personal beliefs or preferences, can avoid vaccination, without anyone physically compelling them to be ...

Nobody Can Be Forced To Get Vaccinated; Vaccine Mandates Not Proportionate : Supreme Court

Sohini Chowdhury

Review vaccine mandates : Court's suggestion to all authorities, including private organisations and educational institutions.

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